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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On April 13, 2015, the gist of the Plaintiff’s assertion C sold each of the instant real estate, the sole property of which was the Plaintiff, to avoid the repayment of the said obligation despite the burden of the Plaintiff’s loan obligation of KRW 90 million to the Plaintiff. The instant sales contract constitutes a fraudulent act against the Plaintiff.
On the other hand, since the registration of establishment of a neighboring real estate was cancelled after the fraudulent act, the sales contract of this case should be cancelled within the limit of KRW 26,700,00,000 after deducting KRW 145,256,00,000, which is the amount of secured debt of the right to collateral security, from the market price of each of the above real estate, and the defendant shall be liable to pay the plaintiff the above KRW 26,70,000 and damages for delay.
2. Determination on the claim for revocation of fraudulent act
A. In addition to the overall purport of pleadings as a result of the fact inquiries about Gap evidence Nos. 1 through 5 (including each branch number; hereinafter the same shall apply), Eul evidence Nos. 1, Eul evidence Nos. 1, the remaining viewing of this court, and the fact inquiries about the head of Si/Gun/Gu office, the Plaintiff loaned a total of KRW 90 million to C from April 26, 2012 to August 12, 2014; ② on April 13, 2015, Eul concluded the instant sales contract with the Defendant to sell each of the real estate of this case, which falls under the sole property between the Defendant and the Defendant (i.e., the purchase price of each of the real estate listed in the separate list Nos. 1 through 14 million won (i.e., the purchase price of each real estate listed in the separate list No. 10 to 76 million won) and then recognized the registration of ownership transfer to the Defendant on April 15, 2015.
B. However, the debtor's act of selling real estate, which is the only property of his own, and changing it into money which is easily consumed, in principle, constitutes a fraudulent act. However, the purpose of selling the real estate is to obtain repayment or self-performance of the obligation, and the price is unfair.